Bøger i Oxford Monographs in International Humanitarian & Criminal Law serien

Ignorance and mistake of law tend to exclude responsibility in national and international criminal law. This monograph updates the existing reviews of law and practice on the topic and focuses on the appropriateness of imposing a guilty verdict on the individual defendant.

This volume explores how famine and mass starvation in our lifetime are the result of man-made policies, and invariably occur during times of armed conflict. It provides expert analysis on defining starvation, early warning systems, gender and mass starvation, the use of sanctions, reporting on, and memory of famine.

Is it legal to kill, or capture and confine, a person in war? This monograph addresses this heavily contested question from an interdisciplinary perspective, combining doctrinal, social-theoretical, and socio-legal approaches.

This monograph examines and analyses the phenomenon of non-binding instruments (also known as 'soft law') in the law of armed conflict, or international humanitarian law. It covers the benefits and drawbacks for States and non-States actors as well as their effectiveness and development in the context of armed conflict.

This book examines how historical narratives of mass atrocites are constructed and contested within international criminal courts. In particular, it looks into the important question of what tends to be foregrounded, and what tends to be excluded, in these narratives.

One of the central principles of international humanitarian law is the principle of distinction between the civilian and the combatant. This book critically examines the situation of international humanitarian actors, showing how they struggle to protect and enhance their civilian status.

Detention under international law is highly regulated, but the law appears to be silent on non-international armed conflicts. This book uses case studies to examine the extent to which international humanitarian law can be applied in non-international contexts, and sets out a concrete proposal for how the law might develop in this area.

The book systematically analyses rules of engagement (ROE), a crucial component of the legal framework in which every soldier operates. The book explains how such rules operate in both the legal context and military operational world, and how ROE are applied in practice.

Despite the harsh treatment that can befall collaborators in armed conflict, and despite collaboration often not being voluntary, international law leaves unanswered the ethical questions posed by those who join with the enemy. Shane Darcy explores the issue, calling for a much needed assessment of the protections granted to collaborators in war.

How does an internal armed conflict become internationalized? And what are the consequences for the application of international humanitarian law? Focusing on combatant status and the law of belligerent occupation, this book examines how international law applies to situations of internationalized armed conflict.

As non-state actors proliferate both in number and variety, the time is ripe for an explication of what obligations armed groups are under. Ground-breaking in examining humanitarian, human rights, and criminal law, Rodenhauser analyses groups ranging from gangs to cyber criminals to ask when organisations become culpable under international law.

What place does the right to life have in armed conflicts? And does it lock down military objectives? In the first sustained coverage of the area, Ian Park examines conflicts in Iraq, Afghanistan, Libya, and Syria to explicate how far governments should be entitled to derogations from human rights whilst engaging in combat operations.

The Law of Maritime Blockade sets out the law applicable to maritime blockades in armed conflict, testing the traditional rules of maritime blockade against the requirements of contemporary international humanitarian law. An important issue addressed is the legality of a blockade even if it results in mass starvation of the affected population.

Through careful analysis of current practice, this volume argues that international criminal tribunals should have a role in setting the highest standards of due process protection in their procedures, and that they can have a positive impact on domestic justice systems in this regard.

The Special Tribunal of the Lebanon is the first international Tribunal established to try the perpetrators of a terrorist act: the murder of the Lebanese Prime Minister in 2005. This book, written by practitioners with experience of the court and experts in international criminal law, provides a detailed assessment of its unique law and practice.

The Gacaca courts are a traditional justice mechanism used by the Rwandan government to try lower-level perpetrators of the 1994 genocide. This book provides an empirical analysis of these courts, assessing their rules and procedures as well as their contribution to reconciliation in Rwanda.